Pre or co-requisite:
This seminar will explore problems in evidence. It will begin with an overview of the major historical debates in the law of evidence ranging from the exclusion of hearsay and propensity evidence, to the methods for bringing in character evidence, to the uses of expert testimony. We will then examine key recent developments in evidence jurisprudence. Topics will include codification of evidence regimes, standards of proof, the use of experts in complex litigation, and the continued use of common law standards in evidence. For example, attention will be paid to the issues brought up by sex crimes prosecutions, as well as to the uses of experts in special settings such as bankruptcy trials and prison conditions litigation.